Tuscaloosa City Board of Education members react to chairman's changes to comments policy

Inauguration

Lee Garrison, chairman of the Tuscaloosa City Schools Board of Education, speaks at the inauguration for Tuscaloosa City Schools Board of Education and the City of Council of Tuscaloosa Monday, Nov. 4, 2013. The event was hosted at the Tuscaloosa Career Technology Academy.

File | Michelle Lepianka Carter | The Tuscaloosa News

By Jamon SmithStaff Writer

Published: Wednesday, February 19, 2014 at 11:00 p.m.

Last Modified: Wednesday, February 19, 2014 at 11:46 p.m.

At Tuesday’s Tuscaloosa City Board of Education meeting, board chairman Lee Garrison announced that he’s changing the rules on what the public can speak about at board meetings.

“At this time the board will entertain public comments related to board policy, curriculum, finance, facilities or achievement data as they pertain to the system as a whole ...,” Garrison said. “No actions will be taken at this meeting. Instead, the superintendent and or his designee, will provide a formal response to the speaker if necessary following appropriate review and investigation.

“Public comment will not be allowed on matters pertaining to day-to-day operations of the school system, individual statements, or staff members, specific personnel matters, and or student disciplinary issues. Matters such as these are the purview of the superintendent and his staff requiring thorough review and consideration impossible in this forum. These concerns should be directed to the superintendent or appropriate staff members during school hours.”

Some board members, however, objected to Garrison making changes to how public comments are made without seeking their approval first. They said Garrison didn’t inform them of his plans or the specifics of the changes he’s trying to make.

They said the board has to approve policy changes on how public comments are made. Garrison cannot do that by himself, they said.

“Recommendations come from the superintendent, and the board should be able to discuss and talk about them,” said Marvin Lucas, a school board member. “You don’t walk into a meeting, bring in a hand-written plan and announce changes that we haven’t seen. I can’t approve or vote on something without knowledge of what I’m doing.

“He had a hand-written piece of paper and whatever he was reading hadn’t been circulated before the board. We didn’t have time to discuss or talk about it. Plus, we’ve already approved how we would do public comments last year in March.”

Board vice chairwoman Earnestine Tucker said that Garrison, as the board chair, does not have the power to make unilateral decisions to change board policy.

“Lee has to understand the process,” Tucker said. “Instead of him saying we’re going to implement it tonight, he needs to talk to us. We are a board. He is not the mayor of the school board. He has an opinion, and he has one vote. He can work with the superintendent and set the agenda, but things like that have to come to the board.”

Garrison said he’s not perfect, and because he’s a new board chair he’s going to make mistakes — he started his term on the school board Nov. 4, 2013, after leaving the Tuscaloosa City Council. He said he should have run his proposal before the board before trying to implement it. He also said he’ll send the board copies of the changes he’s going to make to public comments once board attorney Dave Ryan makes some revisions to them.

However, Garrison said it is within his authority as board chair to make changes to how public comments are conducted without the other board members approval. And though he said he wants the board to support this, he will move forward on it without their approval.

“Whether the board members like it or not, that’s my job,” Garrison said. “We’re not going to have student hearings in public like we had last night again. Some people have attacked me saying I’m trying to shut people up. I’m not trying to do that. ...It’s just a circus, and it’s not going to be that any more. I’m not trying to restrict anybody’s comments. I’m just trying to restrict public involvement. Dave (Ryan) told me that there’s no constitutional right for people to speak at a public meeting. The chair runs the meeting, and I have the authority to run the meeting the way it should be run.

“We have talked as a board how we want to run our meetings better ... We want to respect everyone and the public. We’ve had various situations occur in these public settings that probably should not be done in a public setting. That’s all I want to control, which is not to discuss things that should not be discussed at public meetings.”

Ryan said the responsibilities of the chair of the Tuscaloosa City Board of Education include the following:

Set the board meeting agenda in consultation with the superintendent.

Enforce the quorum with Robert’s Rules of Order.

“The statute gives him the right to set the agenda and then keep order,” Ryan said.

Ryan declined to comment on whether changing the rules on public comments specifically falls within the chair’s authority.

Sally Howell, executive director of Alabama Association of School Boards, said the board chair is the presiding officer at a school board meeting, and as such, he or she can move the meeting along and make sure that people are making appropriate comments. Issues that address specific students and personnel aren’t appropriate and the chair can stop those, she said.

But any changes made to a policy need to go through the formal adoption process, she said.

“A policy adoption is governed by state law and requires the recommendation of the superintendent and approval by the board,” Howell said.

Reach Jamon Smith at jamon.smith@tuscaloosanews.com or 205-722-0204.

‘Approved Resolution Rules of Board Meetings’

Section 5. Public Input

General comments: Persons wishing to bring general comments about items not on the agenda should sign up on the list provided prior to the meeting and check the “general comments” section. Issues related to individual schools or students and not to policies of the board should be discussed with school and central office staff and the superintendent for a possible resolution prior to coming to the board.

Public advisory: The presiding officer may, if deemed necessary, prior to that time on the agenda when the public has the right to address the board, advise the public of the rules for addressing the board and may otherwise limit comments if necessary to meet time constraints or to allow the board to complete its business.

Manner of addressing the board/time limitation: Each person addressing the board, when called by the presiding officer, shall step up to the podium/microphone, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the presiding officer with consent of the board, shall limit remarks to five minutes. All remarks shall be addressed to the board as a body, and not to any member thereof. No person, other than members of the board and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the board, except as otherwise provided herein. No question shall be asked of board members, except to the presiding officer. No comments shall be made referencing specific personnel. No comments shall be made about personnel matters that are currently being considered and/or that are part of a pending litigation.

Personal and slanderous remarks: No person shall make derogatory statements that are personal, impertinent, or slanderous. Persons who become boisterous, while addressing the board, shall be barred by the presiding officer from further audience before the board for that meeting.

<p>At Tuesday's Tuscaloosa City Board of Education meeting, board chairman Lee Garrison announced that he's changing the rules on what the public can speak about at board meetings.</p><p>“At this time the board will entertain public comments related to board policy, curriculum, finance, facilities or achievement data as they pertain to the system as a whole ...,” Garrison said. “No actions will be taken at this meeting. Instead, the superintendent and or his designee, will provide a formal response to the speaker if necessary following appropriate review and investigation.</p><p>“Public comment will not be allowed on matters pertaining to day-to-day operations of the school system, individual statements, or staff members, specific personnel matters, and or student disciplinary issues. Matters such as these are the purview of the superintendent and his staff requiring thorough review and consideration impossible in this forum. These concerns should be directed to the superintendent or appropriate staff members during school hours.”</p><p>Some board members, however, objected to Garrison making changes to how public comments are made without seeking their approval first. They said Garrison didn't inform them of his plans or the specifics of the changes he's trying to make.</p><p>They said the board has to approve policy changes on how public comments are made. Garrison cannot do that by himself, they said.</p><p>“Recommendations come from the superintendent, and the board should be able to discuss and talk about them,” said Marvin Lucas, a school board member. “You don't walk into a meeting, bring in a hand-written plan and announce changes that we haven't seen. I can't approve or vote on something without knowledge of what I'm doing.</p><p>“He had a hand-written piece of paper and whatever he was reading hadn't been circulated before the board. We didn't have time to discuss or talk about it. Plus, we've already approved how we would do public comments last year in March.”</p><p>Board vice chairwoman Earnestine Tucker said that Garrison, as the board chair, does not have the power to make unilateral decisions to change board policy.</p><p>“Lee has to understand the process,” Tucker said. “Instead of him saying we're going to implement it tonight, he needs to talk to us. We are a board. He is not the mayor of the school board. He has an opinion, and he has one vote. He can work with the superintendent and set the agenda, but things like that have to come to the board.”</p><p>Garrison said he's not perfect, and because he's a new board chair he's going to make mistakes — he started his term on the school board Nov. 4, 2013, after leaving the Tuscaloosa City Council. He said he should have run his proposal before the board before trying to implement it. He also said he'll send the board copies of the changes he's going to make to public comments once board attorney Dave Ryan makes some revisions to them.</p><p>However, Garrison said it is within his authority as board chair to make changes to how public comments are conducted without the other board members approval. And though he said he wants the board to support this, he will move forward on it without their approval.</p><p>“Whether the board members like it or not, that's my job,” Garrison said. “We're not going to have student hearings in public like we had last night again. Some people have attacked me saying I'm trying to shut people up. I'm not trying to do that. ...It's just a circus, and it's not going to be that any more. I'm not trying to restrict anybody's comments. I'm just trying to restrict public involvement. Dave (Ryan) told me that there's no constitutional right for people to speak at a public meeting. The chair runs the meeting, and I have the authority to run the meeting the way it should be run.</p><p>“We have talked as a board how we want to run our meetings better ... We want to respect everyone and the public. We've had various situations occur in these public settings that probably should not be done in a public setting. That's all I want to control, which is not to discuss things that should not be discussed at public meetings.”</p><p>Ryan said the responsibilities of the chair of the Tuscaloosa City Board of Education include the following:</p><p>Set the board meeting agenda in consultation with the superintendent.</p><p>Enforce the quorum with Robert's Rules of Order.</p><p>“The statute gives him the right to set the agenda and then keep order,” Ryan said.</p><p>Ryan declined to comment on whether changing the rules on public comments specifically falls within the chair's authority.</p><p>Sally Howell, executive director of Alabama Association of School Boards, said the board chair is the presiding officer at a school board meeting, and as such, he or she can move the meeting along and make sure that people are making appropriate comments. Issues that address specific students and personnel aren't appropriate and the chair can stop those, she said.</p><p>But any changes made to a policy need to go through the formal adoption process, she said.</p><p>“A policy adoption is governed by state law and requires the recommendation of the superintendent and approval by the board,” Howell said.</p><p>Reach Jamon Smith at jamon.smith@tuscaloosanews.com or 205-722-0204.</p><h3>'Approved Resolution Rules of Board Meetings'</h3>
<p><i>Section 5. Public Input</i></p><p>General comments: Persons wishing to bring general comments about items not on the agenda should sign up on the list provided prior to the meeting and check the “general comments” section. Issues related to individual schools or students and not to policies of the board should be discussed with school and central office staff and the superintendent for a possible resolution prior to coming to the board.</p><p>Public advisory: The presiding officer may, if deemed necessary, prior to that time on the agenda when the public has the right to address the board, advise the public of the rules for addressing the board and may otherwise limit comments if necessary to meet time constraints or to allow the board to complete its business.</p><p>Manner of addressing the board/time limitation: Each person addressing the board, when called by the presiding officer, shall step up to the podium/microphone, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the presiding officer with consent of the board, shall limit remarks to five minutes. All remarks shall be addressed to the board as a body, and not to any member thereof. No person, other than members of the board and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the board, except as otherwise provided herein. No question shall be asked of board members, except to the presiding officer. No comments shall be made referencing specific personnel. No comments shall be made about personnel matters that are currently being considered and/or that are part of a pending litigation. </p><p>Personal and slanderous remarks: No person shall make derogatory statements that are personal, impertinent, or slanderous. Persons who become boisterous, while addressing the board, shall be barred by the presiding officer from further audience before the board for that meeting.</p>